We recently resolved a case for a client who was left paraplegic after a serious accident. When it came time to put a number to the dramatic life-altering changes to his life, it was difficult to explain that the law limits how much a person in his position can receive for their pain and suffering, even when you are stripped of your independence in all realms of your life.
Under Canadian law, there is a cap on what are known as “general damages,” which compensate for pain, suffering, and loss of enjoyment of life. That cap, currently about $470,000, applies regardless of how severe or life-altering the injuries may be.
The Origin of the Cap
This limit was established by the Supreme Court of Canada in three 1978 cases known as the Trilogy: Andrews v. Grand & Toy Alberta Ltd., Arnold v. Teno, and Thornton v. Prince George School District No. 57.
The Court’s goal at the time was to create consistency and prevent extremely high awards that could affect the broader insurance system. The cap was set at $100,000 in 1978, which, adjusted for inflation, is approximately $470,000 today.
For someone who is permanently disabled, the non-financial losses like the loss of the ability to walk, to start a family, their dignity, identity and independence extend far beyond what the current cap can reasonably recognize.
The Practical and Human Challenge
For lawyers representing seriously injured individuals like those with spinal cord and brain injuries, the damages cap often creates a difficult conversation. It can be hard to rationalize why a person who has lost so much can only receive the same maximum amount established decades ago. The law’s intent was to be fair and predictable, but in practice it can feel outdated and limiting for those whose lives have been permanently altered.
The Case for Change
After nearly fifty years, it is worth asking whether this framework continues to serve justice. The goal should not be unlimited awards, but rather ensuring that compensation reflects both modern circumstances and the true impact of catastrophic injury.
Advocating Within and Beyond the Limits
At Virk Personal Injury Law, we work within this framework to secure the maximum possible compensation for our clients, while also advocating for a system that evolves with the times. No legislation or precedent should remain untouched for half a century when it affects the lives of those who have suffered the most.
The current cap on general damages was meant to promote fairness. Revisiting it now would do the same.
If You’ve Suffered a Serious Injury
Understanding how the general damages cap applies to your situation can be complex. Our team at Virk Personal Injury Law can help you navigate your rights, assess your full range of losses, and ensure you receive the maximum compensation available under the law.
Contact us to discuss your case and learn how we can help.